What counts as a real property trade or business?
Development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing and brokerage of real property.
Can I qualify if I have a full-time job?
It is very difficult. More than half of all your working hours must be in real estate, so a 2,000-hour job requires more than 2,000 real estate hours.
Can my spouse and I combine hours?
Not for the 750-hour and more-than-half tests; one spouse must qualify alone. Spouses can combine hours for material participation.
Do I have to make an election?
Usually yes. Without the election to aggregate rentals, you must materially participate in each property separately.
Do short-term rentals count?
A rental with an average stay of seven days or less is generally not a rental activity, so it is tested under material participation instead and its hours may not count toward real estate professional status, as in Bailey.
What records should I keep?
A contemporaneous log of dates, hours, property and task, supported by emails, receipts and calendars.